Buy off-plan with confidence — backed by specialized property lawyers
An off-plan purchase means paying today for a building that exists only on paper. Our independent partner lawyers make sure the paper protects you: they vet the developer, verify the land, and review every clause of your contract before any money moves.
Why off-plan purchases need legal eyes
Buying pre-construction is popular for good reason: launch prices sit well below finished-unit prices, you get first pick of floors and layouts, and a well-located project typically appreciates while it is being built.
The trade-off is that you are buying a promise. Between your reservation deposit and the day you receive the keys, the project can be delayed, specifications can be quietly downgraded, and in the worst case the developer can run out of money — with your instalments already paid.
Thai sale-and-purchase agreements are drafted by the developer and are often shorter than foreign buyers expect, with the detail living in the fine print. Independent review before signing — not after a problem appears — is the single most effective protection an off-plan buyer has.
What our partner lawyers verify before you commit
A full due diligence pass on the project, the land and the developer — done before you sign or pay anything beyond a refundable reservation.
Developer track record
Corporate registration, financial standing and litigation history, plus how the developer's previous projects were delivered: on time, late, or not at all.
Land title & encumbrances
Confirmation at the Land Department that the developer actually owns the land the project sits on, and that no mortgage or third-party claim could block your transfer later.
Permits & EIA approval
The construction permit, condominium licence and — for larger projects — the Environmental Impact Assessment approval that Thai law requires before construction may proceed.
Foreign ownership quota
For condominiums, whether your unit fits inside the 49% foreign freehold quota, and what documentation you will need to register foreign ownership.
Payment structure
How your deposit and instalments are tied to construction milestones, whether an escrow arrangement is available, and what happens to your money if the project stalls.
Price sanity check
Your unit benchmarked against comparable projects in the district — using the same live market data you see on BaanScope.
The contract clauses we check, line by line
Every pre-construction agreement should nail down these points before it is safe to sign. Our partner lawyers review — and where needed negotiate — each one.
- 1
Construction timeline
A defined start and handover date. Extension clauses are normal, but they must be bounded — an open-ended right to extend makes every other deadline meaningless.
- 2
Price & payment schedule
The full price broken down per square metre, a milestone-linked instalment table, and confirmation that no surprise charges — meter fees, sinking-fund top-ups, "administration" costs — appear at transfer.
- 3
Buyer default terms
If you miss a payment, you should have a defined grace period to remedy it. We flag contracts that allow immediate rescission and forfeiture of everything you have paid.
- 4
Late-handover compensation
Thai law sets minimum penalties when developers hand over late — for condominiums, at least 0.01% of the unit price per day. Your contract should meet or beat the statutory floor, and give you a full-refund exit if the delay becomes indefinite.
- 5
Specifications & materials
A complete annex of materials and finishes. Substitution clauses should only ever allow "equal or better" replacements — never a blank cheque.
- 6
Floor plans as part of the contract
The plan you bought from must be attached to the agreement, and any later change — however small — should need your consent or trigger compensation.
- 7
Ownership recitals
The contract must state that the developer holds the title deed to the land. If that statement turns out to be false, you need an explicit right to rescind and recover every baht.
- 8
Assignment & resale rights
The right to transfer your contract to another buyer before completion, with the transfer fee stated up front — essential if your plans change or you want to exit early at a profit.
- 9
Dispute resolution
An arbitration clause or a clearly agreed forum keeps a disagreement from turning into years of litigation.
How it works
From shortlist to keys — data from BaanScope, legal protection from independent licensed lawyers.
Shortlist on BaanScope
Compare projects, districts and prices on the map explorer and pick the units you are serious about.
Free introduction call
We connect you with an independent licensed Thai property lawyer who works in your language. The first consultation is free.
Due diligence report
Before you sign anything, you receive a plain-language report on the developer, the land title, the permits and the contract — with every risk flagged and explained.
Sign, pay, transfer
Your lawyer negotiates amendments, oversees each milestone payment and represents you at the Land Office on transfer day.
Off-plan legal questions, answered
▸Do I legally need a lawyer to buy off-plan in Thailand?
No — there is no legal requirement. But the sale agreement is written by the developer's side, and off-plan purchases carry more moving parts than a resale: milestones, permits, quotas and completion risk. Independent review is inexpensive compared to what it protects.
▸Can foreigners buy off-plan condos in Thailand?
Yes. Foreigners can own condominium units freehold within the 49% foreign quota of a building. Purchase funds must be remitted from abroad in foreign currency and documented correctly — your lawyer prepares this paperwork so ownership registration goes smoothly.
▸Can I sell my unit before the building is finished?
Usually, yes — if your contract has an assignment clause. You transfer the agreement (and the remaining instalments) to the new buyer, typically for a fixed administration fee. It is one of the clauses we always insist on.
▸What if the developer never finishes the project?
This is the core off-plan risk, and it is managed before you sign: financial due diligence on the developer, milestone-linked payments so your money never runs ahead of construction, and refund clauses that survive insolvency. Where an escrow arrangement is offered, we help you use it.
BaanScope is a property-data platform, not a law firm. Legal services are provided by independent, licensed Thai law firms we partner with. The information on this page is general guidance, not legal advice for your specific situation.